27 Nov 2018 Posted in Divorce & Separation Family Law 

Collaborative Practice: divorce without the blame-game

Tracey Smith Posted by Tracey Smith, Managing Partner and Head of Family Law

Collaborative Practice: divorce without the blame-game

The current law says, unless you have been separated for 2 years with consent, or 5 years without, you have to divorce on the grounds of adultery or behaviour. Divorce is rarely straight-forward, but having to show fault can increase the conflict between a couple and make it more difficult to agree on child and financial arrangements.

At Mowbray Woodwards we fully support a collaborative approach to divorce. Put simply ‘Collaborative Practice’ aims to settle matters respectfully and privately without going to court which consequently eases the pain of family breakdown. It allows couples to maintain full control of the process by working together as a team, with trained lawyers, to resolve disputes respectfully rather than placing matters in the hands of a Judge.

What makes it so successful?

  • You still benefit from having your own independent legal adviser, and you are in control, without the threat of court proceedings hanging over you.
  • You set the agenda, so you talk about the things that matter most to you and your family. You set the pace – because you are not governed by court dates. Sometimes only a couple of meetings are needed, in other cases four or five. You will dictate how frequently the meetings happen.
  • If children are involved, you will both remain parents, and it will help your children to cope better with your separation if they see that you are working things out together. Most importantly, the key decisions you make about your future are yours – they are not made by a stranger in a courtroom.
  • Once an agreement is reached, your solicitors will put it into effect, obtaining a court order where needed.

Is it the right approach for you?

For the process to work you need to have:

  • a genuine desire to reach an agreement that is fair to the whole family;
  • a willingness to disclose, fully and honestly, information about all assets;
  • skilled, trained solicitors and other professionals with experience of the Collaborative process;
  • commitment to reaching a solution without going to court.

At Mowbray Woodwards we have two collaboratively trained lawyers, Tracey Smith and Meg Moss, who regularly assist clients through the collaborative process. If you would like to find out more about how Collaborative Practice could work for you, or you would like to talk to us about a family law matter, please call 01225 485700 or email hello@mowbraywoodwards.co.uk

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Tracey Smith

Tracey Smith

Managing Partner and Head of Family Law

01225 485738

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